People v. Johnson

PRESIDING JUSTICE O’BRIEN

delivered the opinion of the court:

Defendant James Johnson was found guilty of criminal sexual abuse following a jury trial and sentenced to a one year term of conditional discharge. He appeals, contending that the trial court’s ex parte communication with the jury deprived him of his constitutional rights to be present and to have counsel at all critical stages in the proceedings. We reverse his conviction and remand.

FACTS

In June 2005, Johnson was charged by criminal complaint with the offense of criminal sexual abuse. 720 ILCS 5/12 — 15(c) (West 2004). The complaint…